13 Year Old Claim From Kkmc Desert Storm

[Done wit this]

Got A Question On how I can Get the VA to move Quicker on this claim.

This is what I've done so far. I filed a claim in 1993. It was Denied in 1997 after the NC VA could not locate my medical files from time served in South West Asia. I continued Trying to Locate this missing Records at least once a year. Now after all this time I have received these Records that Clearly state the Accident, day and time - 4 times in the files. I was seen 4 different times for the same thing. I have Reopened the Claim sent these files to my Regional VA Office in Buffalo NY the 1st week of March. Followed by many other statements from Docters and Employers telling the on Going problems I have had. They have received all this and still have not made any move on doing the right thing? The Original Claim was Denied Because of lack of evidence. No medical records from time in service to prove that it was a service connection Injury. This is why it was denied. Would not the missing medical records be all they would need to seal the deal? How can I get them to move on this? I am no lawyer but it sure looks simple.What can I do to get them to move on this? Help!!

Thanks for the help - macool

[Berta]

I see the CUE too- but Pete has to get around the DTA part and overcome Bell V Derwinski date

( constructive notice ).

Cue-1. final decision never appealled

2. erroneous application of VA regs at time of alledged CUE.

3. manifestly different outcome due to CUE- ie: retro

The Duty to Assist criteria won't work- they can break that law without committing a CUE. DTA violations cannot be collaterally attacked (if so we would ALL probably have CUE basis)

It is in the legal citations that they used to deny you in the Cued decision that you have to state they violated -for the CUE to have occurred.

I have posted examples of CUES here, legal errors that are cues, and also the NYSDVA has a copy of the VBM that I donated to them at the VAMC there-I think it is in Pete's office and I am sure they would let you use it.

[Done wit this]

Berta

I was always mad at the local VA officer here in hornell NY. I tryed to appeal the decision when we first moved here in 1997 or 98 Guess I should thank my lucky stars he didn't .

I did not know that the duty to asist thing could be that way either.

I know I did not have them Files and they sure wern't going to get them for me.so I kept at it. computers are wonderfull things if used the correct way! what is the DTA part and overcome Bell V Derwinski date thing I am lost here. If you are seeing a CUE too, That really helps me ,because I am brand New at this .I've been hoping I am understanding these laws right. I my self have put a lot of work in to this.I am still learning everyday. This hadit site has helped greatly. The knowledge here is unbeleavable.you and the other's are getting your angel wings

Rick

Edited July 19, 2006 by macool

[Done wit this]

***************** JULY 18 2006 ********************

A NEW LETTER TO the buffalo NY RO They have had all my records since Begining of june

I have a Name and contact phone # for the man at the national parsonal records center that will be handling my records till the VA is done!!

To Whom it may concern.

I am Typing yet another letter on behalf of my claim from the 1991 Gulf

Duty Injury that a received while on duty. I have recovered the missing

Medical Files that would have proved the claim back when I first asked for

help in North Carolina. The Claim would have been decided differently if the

Medical files would have been used at that time. Now that I have proved

beyond the shadow of a dought that this Injury did happen there in Saudi

Arabia at KKMC I feel I am being Ignored By the VA system. When I first

received these files and reopened this Claim I filled out my papers and info

Thinking That I would Finally get the help I have been asking for. Still The

VA system holds me up. Waiting for the right thing to be done. Knowing in

all right That these Files Prove a CLEAR and UNMISTAKABLE ERROR. With out

anything else even sent to anyone.I sent them hoping I would get the help I

asked for. But still I get put to the side. The things I read said that this

claim should be decided 1n 120 days or less . Still I wait. The Medical Files

Prove The Claim was decided with a CUE. I have Done my homework. The Claim

needed nothing else but the lost Medical Files reintroduced to be decided.

I am no lawyer but I am a veteran That will fight for whats is right!

I have also sent letters from Docter's that have treated me for this

condition, From my Union Business Agent that has watched me struggle to stay

employed, and other Men who know of the pain I have been through Trying to

Provide for my family. I feel as though The VA is a Orginization that a

Veteran must Fight to get What the Veteran has already fought for.

I received notification that the VA was still waiting for more informationfrom my files,

specifically proof of service in the mid eighties. I contacted St.Louis to attempt to get

my DD214 from this time and was just notified that they no longer have any of my

records. All of this information was turned over to the VA in June. Why is the VA still

asking me for informationalready in their possession? I feel this is nothing more then an

attempt on the part of the VA to delay this Claim longer.

The Pissed off Veteran,, Thats my name on on the letter

I'll just sign it !!!!!!!!!!!!!!!!!!!!!!!!!!! and have wife correct it !!

[john999]

McCool

I have been service connected for 35 years and yet when I asked for TDIU in 2002 the VA claimed that they could not go forward with my case because they did not have my DD214. You should be able to get your own copy from St. Louis. St. Louis provides certified copies to the VA and to vets. They keep your personnel records there and do not turn them over to the VA. I provided the VA with a certified copy of my DD214 so they could not stall for a few more years.

[Guest jstacy]

They will do anything to delay a claim. Just because they can. They have several tricks to cause delays like asking for a DD 214 for a Vet who has been service connected for 35 years.

If the missing information is part of the official military medical folder, Then I think you will have success in your claim if you file a cue claim.

Remember to be dilligent with these people. Be Nice but frank. and do not take no for an answer.

Also visit the VARO to see the evidence in your claims folder in person. Ask for copies.

[Done wit this]

They will do anything to delay a claim. Just because they can. They have several tricks to cause delays like asking for a DD 214 for a Vet who has been service connected for 35 years.

If the missing information is part of the official military medical folder, Then I think you will have success in your claim if you file a cue claim.

Remember to be dilligent with these people. Be Nice but frank. and do not take no for an answer.

Also visit the VARO to see the evidence in your claims folder in person. Ask for copies.

***********July 19,2006*************

I don't know what to do about this .You see I've been told that the VA has these records the VA has everything right now all of my records . The National personal records center has nothing of mine right now .I was told this by the man handling my Records there. He has called me and told me he cannot fill my request for records because the VA has them. I don't know if this is a stall tactic or what . What do I do Now ?? and my Claim is on standby for something the VA has in there system . Help!!

anyone got any advice on where else to get these records?

Rick Macool